'BEAT FEET' PROGRAM RULED CONSTITUTIONAL

SAN FRANCISCO -- Oakland and other California cities may seize vehicles
whose drivers are believed to be buying drugs or soliciting prostitution, a
state appeals court ruled late Mon-day.

In squashing a civil suit brought by the American Civil Liberties Union,
the 1st District Court of Appeals said a 1997 Oakland city ordinance did
not violate any constitutional provisions and did not conflict with state law.

Oakland City Attorney Jayne Williams said the "Beat Feet" program has
continued during the litigation.

She said the program -- so-named because those caught have to get out of
Oakland on foot -- has been an effective deterrent and may be implemented
in other cities in the state.

"We're delighted because this program has been a tremendous success and
very well received in the communities afflicted by the nuisance of people
coming from outside Oakland to buy drugs and solicit prostitutes," Williams
said.

The city argued California's Constitution allows charter cities, such as
Oakland, San Francisco and Sacramento, more latitude and authority to enact
laws particular to their city.

The ordinance allows police to confiscate vehicles suspected of being used
to acquire any amount of illegal drugs or solicit prostitution, and allows
the city to keep the vehicle without having to show that the owner knew it
was being used for a crime.

Owners of confiscated vehicles must file a claim for the car.

To keep the car, the city must show that it was more likely than not that
the car was usedfor the specified illegal purpose.

Oakland has seized more than 350 vehicles under the ordinance in the last
two years.

A forfeiture case is separate from any criminal drug or solicitation of
prostitution charge, which must be proven beyond a reasonable doubt, a
higher standard.

Last year, Gov. Gray Davis vetoed a bill that sought to stop the seizures.

The bill, AB662 by Assemblyman Herb Wesson, D-Los Angeles, would have
required local forfeiture measures like those in Oakland and Sacramento to
demand a criminal conviction before property is seized.